1 TAC §210.1, §210.2
The Department of Information Resources (department) adopts
on an emergency basis for one hundred twenty days new §210.1 concerning
TexasOnline definitions and new §210.2 concerning profiling fees to be
collected by state agency licensing entities participating in the electronic
profiling system established by §2054.2606, Government Code.
Emergency adoption of the rules is necessary to enable the department to
establish profile system fees by rule as soon as possible after January 1,
2002, so that affected state agency licensing entities may adopt, as soon
as possible after January 1, 2002, increased licensing fees to cover the cost
of the profile system, as required by Section 11(b), SB 187, 77th Legislature.
On February 20, 2002, the department's board approved both proposed rules
for comment as proposed rules and adopted both rules on an emergency basis
for one hundred twenty days.
The rules are adopted on an emergency basis pursuant to §2054.052(a),
Government Code, which authorizes the department to adopt rules necessary
to implement its responsibilities under the Information Resources Management
Act, §2054.262(b), Government Code, which provides the department may
adopt rules prepared by the TexasOnline Authority and §2054.2606(d),
Government Code, which requires the TexasOnline Authority to prepare rules
for adoption by the department to prescribe the amount of the fee to be collected
by a state agency that establishes a profile system for its license holders
pursuant to §2054.2606, Government Code. The new rules are also adopted
on an emergency basis under §2001.034, Government Code, which provides
for the adoption of administrative rules on an emergency basis without notice
and comment.
§210.1. TexasOnline Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Authority--the TexasOnline Authority created in Subchapter
I, Chapter 2054, Texas Government Code.
(2)
Board--the governing board of the Department of Information
Resources.
(3)
Department--the Department of Information Resources.
(4)
Division--the TexasOnline division created by the department
pursuant to §2054.264, Texas Government Code.
(5)
License holder--individuals for whom and entities for which
a profile system is required to be or may be established by state agency licensing
entities.
(6)
Licensing entity--a department, commission, board, office
or other agency of the state or a political subdivision of the state that
issues an occupational license.
(7)
Occupational license--a license, certificate, registration
or other form of authorization that a person must obtain to practice or engage
in a particular business, occupation or profession.
(8)
Profile system--an electronic system established by a licensing
entity that is required by §2054.2606(a), Texas Government Code, or opts
pursuant to § 2054.2602, Texas Government Code, to establish an electronic
system containing at least the licensee information prescribed by §2054.2606(c),
Texas Government Code.
(9)
Profiling licensing entities--the state agencies listed
in §2054.2606(a) and licensing entities that opt to provide a profile
system pursuant to §2054.2606(b).
§210.2. TexasOnline License Holder Profile Fees.
(a)
Each licensing entity identified in §2054.2606(a),
Government Code that is required to establish a license holder profile system
shall, by January 1, 2002, collect five dollars annually from license holders
listed in §2054.2606(a), Government Code who are renewing a license.
The five dollars per license holder renewal may be collected through increasing
the license renewal fees by five dollars per license holder, by the licensing
entity covering the five dollars per license holder renewal from other revenues
rather than by increasing license renewal fees, or by a combination of increasing
license renewal fees by less than five dollars per license holder and covering
a portion of the five dollars per license holder from other revenues of the
licensing entity. The money shall be transferred from the licensing entity
to the department to cover the costs of providing the license holder profile
system pursuant to guidelines established by the Office of the Comptroller
of Public Accounts.
(b)
Each state agency licensing entity that opts to establish
a license holder profile system pursuant to §2054.2606(b), Government
Code, shall collect five dollars annually per license renewal fee payable
by each license holder about whom or which information is available through
the profile system. The five dollar per year license renewal fee increases
shall begin being collected by the licensing entity from affected license
holders as soon as reasonably possible after the licensing entity determines
to provide the license holder profile system.
This agency hereby certifies that the emergency adoption
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on February 25, 2002.
TRD-200201149
Renee Mauzy
General Counsel
Department of Information Resources
Effective Date: February 25, 2002
Expiration Date: June 25, 2002
For further information, please call: (512) 475-4750